My situation:
I'm an engineering graduate worked in a BPO company for 2 yrs (signed bond). In the same company I worked IT related work for 6 months.
With that experience, I joined this current IT company with less salary because it is a well known in my city. They got me signed in a bond for 2 yrs and got all my original certificates. Bond said "consolidated salary of Rs.X" per month. But HR convinced me that additional Rs.2000 wll go for ESI+PF. Only at my first month salary I realised that my actual salary is only Rs.X and ESI+PF amount is deducted from it. I was all ignorant that time.
I'm working more than 6 months here earning meagre salary even after getting performance appraisal increment. Recently I found out through online and enquiring EPF office that I only have establishment code and company didn't send my application I filled when I joined this company. I asked HR, he first said that there is problem with PF office and later talked nonsense that he has all my forms for security purpose but all PF dealing can be done online itself and that I have to be patient, etc. Other senior colleagues got their PF amount only after 2 yrs so that people shouldn't abscond the company. I think they have all my PF money with the company.
I'm recruited as "Trainee". Someone is assigned as "Mentor" but no time was allocated to him or me for training. I self learnt alone and working hard as much work as seniors do.
I'm fed up with all this bullsh*t. I have decided to get out of the company even if it meant to fight tooth and nail.
Note:
1. The bond is not in stamp paper - it's just printed and signed in ordinary paper.
2. There is no compensation incase of breaking bond mentioned except this sentence - "You are required to stay with *company* for a minimum of 24 months so that you can ensure that your tenure is mutually beneficial and grwoth oriented."
3. Earlier female employees have got away from the company by saying marriage as a reason and one guy brought his police relative to get the certificates. He got. I have none and I have to fight alone.
My question is:
1. How should I tackle them if they refuse to give my certificates even after I asked them politely?
2. How to get my PF amount? Can I able to claim PF amount if so do I need this current employer attestation?
3. How to get my salary for worked days of that month if I leave the company before salary date?
4. What is black listing? how does it work?
Thanks a lot in advance for patiently reading and for your suggestions!
From India, Coimbatore
1I'm an engineering graduate worked in a BPO company for 2 yrs (signed bond). In the same company I worked IT related work for 6 months.
With that experience, I joined this current IT company with less salary because it is a well known in my city. They got me signed in a bond for 2 yrs and got all my original certificates. Bond said "consolidated salary of Rs.X" per month. But HR convinced me that additional Rs.2000 wll go for ESI+PF. Only at my first month salary I realised that my actual salary is only Rs.X and ESI+PF amount is deducted from it. I was all ignorant that time.
I'm working more than 6 months here earning meagre salary even after getting performance appraisal increment. Recently I found out through online and enquiring EPF office that I only have establishment code and company didn't send my application I filled when I joined this company. I asked HR, he first said that there is problem with PF office and later talked nonsense that he has all my forms for security purpose but all PF dealing can be done online itself and that I have to be patient, etc. Other senior colleagues got their PF amount only after 2 yrs so that people shouldn't abscond the company. I think they have all my PF money with the company.
I'm recruited as "Trainee". Someone is assigned as "Mentor" but no time was allocated to him or me for training. I self learnt alone and working hard as much work as seniors do.
I'm fed up with all this bullsh*t. I have decided to get out of the company even if it meant to fight tooth and nail.
Note:
1. The bond is not in stamp paper - it's just printed and signed in ordinary paper.
2. There is no compensation incase of breaking bond mentioned except this sentence - "You are required to stay with *company* for a minimum of 24 months so that you can ensure that your tenure is mutually beneficial and grwoth oriented."
3. Earlier female employees have got away from the company by saying marriage as a reason and one guy brought his police relative to get the certificates. He got. I have none and I have to fight alone.
My question is:
1. How should I tackle them if they refuse to give my certificates even after I asked them politely?
2. How to get my PF amount? Can I able to claim PF amount if so do I need this current employer attestation?
3. How to get my salary for worked days of that month if I leave the company before salary date?
4. What is black listing? how does it work?
Thanks a lot in advance for patiently reading and for your suggestions!
From India, Coimbatore
Dear,
Follow this like of Cite HR...This might be of some help.
https://www.citehr.com/470987-breaki...b-company.html
From India, Bombay
Follow this like of Cite HR...This might be of some help.
https://www.citehr.com/470987-breaki...b-company.html
From India, Bombay
hi sun just wanted to know if have dealt with your situation if not i can provide you couple of suggestions awaiting for your reply and also you have raised this question in a wrong segment to :( reply at the earliest
From India, Gurgaon
From India, Gurgaon
Hi :
There is loads of information on this subject on citehr. Hope you searched through the research tab.
Anyways, please note it is illegal for any organisation to take the original documents from the employee and you are certainly in a strong position to fight it out to get your originals back. You can file a police compliant also in case your company refuses to return your original documents. Meanwhile hope you have some acknowledgement or proof that you had submitted your original documents to the company.
- Gia
From India, Pune
There is loads of information on this subject on citehr. Hope you searched through the research tab.
Anyways, please note it is illegal for any organisation to take the original documents from the employee and you are certainly in a strong position to fight it out to get your originals back. You can file a police compliant also in case your company refuses to return your original documents. Meanwhile hope you have some acknowledgement or proof that you had submitted your original documents to the company.
- Gia
From India, Pune
@Arti Shah
Thank you for the reference link. It was helpful. He is at an advantage as the bond never stated about the compensation in case of breaking bond or about retaining original certficates. But I have signed this bond (which isn't in a stamp paper) which states that company will retain the certificates for 24 months!
@Anonymous
Oops, sorry if this is in wrong segment. I posted here because I saw few discussions and even link provided by Arti Shah was in "Labor & Employee Relations" segment. May I know which is the right segment for this discussion?
@Gianim23
Thank you for your opinion Gia!
Yes, I'm searching for similar discussions in citeHR. I have the photocopy of bond and also photocopy of acknowledgement of all certificates I submitted to them.
So, now I think with these proofs I can get my certificates.
I also worry about black listing of me, and about obtaining PF amount which are asked in Questions 2,3 & 4.
From India, Coimbatore
Thank you for the reference link. It was helpful. He is at an advantage as the bond never stated about the compensation in case of breaking bond or about retaining original certficates. But I have signed this bond (which isn't in a stamp paper) which states that company will retain the certificates for 24 months!
@Anonymous
Oops, sorry if this is in wrong segment. I posted here because I saw few discussions and even link provided by Arti Shah was in "Labor & Employee Relations" segment. May I know which is the right segment for this discussion?
@Gianim23
Thank you for your opinion Gia!
Yes, I'm searching for similar discussions in citeHR. I have the photocopy of bond and also photocopy of acknowledgement of all certificates I submitted to them.
So, now I think with these proofs I can get my certificates.
I also worry about black listing of me, and about obtaining PF amount which are asked in Questions 2,3 & 4.
From India, Coimbatore
@Anonymous
Only after I get job in another company and with all your suggestions and ideas, I'll take the step of quitting the job, asking my certificates and PF amount from the company. [I'm a bit cautious nowadays :) ]
I think, if polite request doesn't work, as the last resort I'll act as a worst employee so that I'll naturally get terminated.
From India, Coimbatore
Only after I get job in another company and with all your suggestions and ideas, I'll take the step of quitting the job, asking my certificates and PF amount from the company. [I'm a bit cautious nowadays :) ]
I think, if polite request doesn't work, as the last resort I'll act as a worst employee so that I'll naturally get terminated.
From India, Coimbatore
Hello :
If the PF is deducted (appears on your payslip too) and the company has still not deposited into your PF account then it is a non-compliance issue on the company part also. They get audited for this as well and they will not be able to simply get away deducting your PF and not depositing it. Since you mentioned it is a well known organisation I am sure they are taking care of meeting all the statutory compliances.
Coming to your query, regarding getting the PF amount after quitting well you will have option either to transfer the PF to your new company or withdraw it. The process time varies while withdrawing or transfering and the company doesnt have much control on it offcourse provided the company completes all their set of formalities.
Hope the above info is useful.
- Gia
From India, Pune
If the PF is deducted (appears on your payslip too) and the company has still not deposited into your PF account then it is a non-compliance issue on the company part also. They get audited for this as well and they will not be able to simply get away deducting your PF and not depositing it. Since you mentioned it is a well known organisation I am sure they are taking care of meeting all the statutory compliances.
Coming to your query, regarding getting the PF amount after quitting well you will have option either to transfer the PF to your new company or withdraw it. The process time varies while withdrawing or transfering and the company doesnt have much control on it offcourse provided the company completes all their set of formalities.
Hope the above info is useful.
- Gia
From India, Pune
hi sun, fine here it goes. first ill highlight how it works and then suggestions
1.) first regarding your employment, sorry you have to come down on the salary part it may be for any reasons but its your choice that you went for that opportunity with bond and salary which ever they offered. so you have to play it cool to get it out of this mess its quite natural to make a bad career choice but eventually we will learn to rectify it.
2.) As for a company to ask for a bond may be a common practice but getting the original documents and retaining it with them for a prolonged duration as in your case 24 months is strictly illegal and is not acceptable by Indian law. any company can ask for the original documents and keep it with them only for a limited period of time and that to only for verification purpose and not to trap the employee form leaving the company
As for the bond in India even if you sign a bond with your employer in stamp paper regarding the employment its not valid and there are many artical are there here plz search them and get more ideas
3.) As for your pf settlement companies may follow different process of handling them but holding it back with them and not filling it is again illegal
4.) As you have said that the company have not invested in you in any form, which means you are not liable to your company in manner so there will not be any settlements required but incase if the company claims that they have invested make sure you get the right documents and counter measures for the same if incase if its a lie to retain you.
Suggestions
1.) its not quite right to get terminated from a company which will affect your further employment with any sort of company for that matter, even if you explain them y you have to do wat you did with your previous employer, it would raise a big question in their minds that if you become unhappy in the work you will do the same to them . so don't try it at any point in time :)
2.) As far as your documents are concerned i would say for time being your company is a good locker to keep your documents and as when you require you just go and ask them and they should and have to give it back to you or else simple just let them know that you would go for legal activities that should do and even if they persist plz send them a notice through a lawyer or file a case in police station, but filing a case in police station will not have that much effect as compared to filing a case with labor court, by which not only you will get your documents and your current company will get a life time lesson from court for involving in such illegal activities
3.) regarding your salary its always better to leave the company after salary date so that you get your salary without any problem or else they will tel you that you have not served two years you have to compensate this that and will try to terminate you and hold your salary and will trap you for money to give your documents, yes all these are strictly illegal but what to do thats how few companies work now a days
4.) don't worry once you come clean from all the above said problems and process your company is liable and forced to do your f&f settlement so all the dues from the companies end you will get it.
5.) be patience try to be the nice guy and record and save all the conversation mail and if possible voice, remember always be the nice guy and even if you go for legal battles be Mr.Nice guy don't give them any chance to say that you have misbehaved and they took action against you its all mgt trick and trap to escape.
its all i can say i hope other senior members here will be able to enlighten you more
Thanks
From India, Gurgaon
1.) first regarding your employment, sorry you have to come down on the salary part it may be for any reasons but its your choice that you went for that opportunity with bond and salary which ever they offered. so you have to play it cool to get it out of this mess its quite natural to make a bad career choice but eventually we will learn to rectify it.
2.) As for a company to ask for a bond may be a common practice but getting the original documents and retaining it with them for a prolonged duration as in your case 24 months is strictly illegal and is not acceptable by Indian law. any company can ask for the original documents and keep it with them only for a limited period of time and that to only for verification purpose and not to trap the employee form leaving the company
As for the bond in India even if you sign a bond with your employer in stamp paper regarding the employment its not valid and there are many artical are there here plz search them and get more ideas
3.) As for your pf settlement companies may follow different process of handling them but holding it back with them and not filling it is again illegal
4.) As you have said that the company have not invested in you in any form, which means you are not liable to your company in manner so there will not be any settlements required but incase if the company claims that they have invested make sure you get the right documents and counter measures for the same if incase if its a lie to retain you.
Suggestions
1.) its not quite right to get terminated from a company which will affect your further employment with any sort of company for that matter, even if you explain them y you have to do wat you did with your previous employer, it would raise a big question in their minds that if you become unhappy in the work you will do the same to them . so don't try it at any point in time :)
2.) As far as your documents are concerned i would say for time being your company is a good locker to keep your documents and as when you require you just go and ask them and they should and have to give it back to you or else simple just let them know that you would go for legal activities that should do and even if they persist plz send them a notice through a lawyer or file a case in police station, but filing a case in police station will not have that much effect as compared to filing a case with labor court, by which not only you will get your documents and your current company will get a life time lesson from court for involving in such illegal activities
3.) regarding your salary its always better to leave the company after salary date so that you get your salary without any problem or else they will tel you that you have not served two years you have to compensate this that and will try to terminate you and hold your salary and will trap you for money to give your documents, yes all these are strictly illegal but what to do thats how few companies work now a days
4.) don't worry once you come clean from all the above said problems and process your company is liable and forced to do your f&f settlement so all the dues from the companies end you will get it.
5.) be patience try to be the nice guy and record and save all the conversation mail and if possible voice, remember always be the nice guy and even if you go for legal battles be Mr.Nice guy don't give them any chance to say that you have misbehaved and they took action against you its all mgt trick and trap to escape.
its all i can say i hope other senior members here will be able to enlighten you more
Thanks
From India, Gurgaon
sorry missed your question abt black listing, by which i assume you mean the company black listing you, if it is the same then dont worry there is nothing called black listing may be they will do the so called black listing in your current company only in which i think you would be no more interested to work. so dont worry abt that.
From India, Gurgaon
From India, Gurgaon
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Employer suit for breaking service bond within 3 yrs - Delhi HC 5.9.2014.pdf
Bond letter.doc